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1.5.3. When a word, term, or phrase is used in this Contract, it shall be interpreted or
<br />construed, first, as defined herein; second, if not defined, according to its generally accepted
<br />meaning in the construction industry; and third, if there is no generally accepted meaning in the
<br />construction industry, according to its common and customary usage.
<br />1.5.4. The words "include", "includes", or "including", as used in this Contract, shall be
<br />deemed to be followed by the phrase, "without limitation".
<br />1.5.5. The specification herein of any act, failure, refusal, omission, event, occurrence or
<br />condition as constituting a material breach of this Contract shall not imply that any other, non -
<br />specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to
<br />constitute a material breach of this Contract.
<br />1.5.6. Words or terms used as nouns in this Contract shall be inclusive of their singular
<br />and plural forms, unless the context of their usage clearly requires a contrary meaning.
<br />1.5.7. The Contractor shall have a continuing duty to read, carefully study and compare
<br />each of the Contract Documents, the Shop Drawings and the Product Data and shall give written
<br />notice to the City of any inconsistency, ambiguity, error, or omission which the Contractor may
<br />discover with respect to these documents before proceeding with the affected Work. The issuance,
<br />or the express or implied approval by the City or the Engineer/ Architect of the Contract
<br />Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties
<br />imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this
<br />Contract. The City has requested the Engineer / Architect to only prepare documents for the
<br />Project, including the Drawings and Specifications for the Project, which are accurate, adequate,
<br />consistent, coordinated, and sufficient for construction. HOWEVER, THE CITY MAKES NO
<br />REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR
<br />CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and
<br />represents that it has received, reviewed and carefully examined such documents, has found them
<br />to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and
<br />that the Contractor has not, does not, and will not rely upon any representation or warranties by
<br />the City concerning such documents as no such representation or warranties have been or are
<br />hereby made. The Contractor further acknowledges and represents that it has made a thorough
<br />and careful examination and inspection of existing conditions on the Project site, both surface and
<br />subsurface, and the Contractor expressly acknowledges and agrees that it shall make no claim for
<br />additional compensation due to existing site conditions including, but not limited to, rock, surface
<br />and subsurface water, existing structures, and deficient soil, provided said conditions could be
<br />determined or ascertained from a thorough and careful examination and inspection of the site.
<br />1.5.8. Neither the organization of any of the Contract Documents into divisions, sections,
<br />paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall
<br />control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be
<br />performed by Subcontractors.
<br />1.5.9. Whenever the word "days" is used, it shall mean calendar days and not
<br />working/business days unless otherwise specified.
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